AD/CVD message 1117302 - NOTICE OF PRELIMINARY AFFIRMATIVE DETERMINATION OF CIRCUMVENTION OF THE ANTIDUMPING DUTY ORDER ON CERTAIN TISSUE PAPER PRODUCTS FROM CHINA (A-570-894)

1117302
Apr 27, 2011
Active

Effective Date: Mar 29, 2010

Period of Review: Feb 01, 2008 to Jan 31, 2009

Cite as: 76 FR 19043 • Cite date: Apr 06, 2011

Category: Antidumping • Type: Preliminary Determination • Reference messages: 1117301 • Cases: A-552-804 A-570-894

NOTE: THIS MESSAGE REPLACES 1117301 WHICH WAS INACTIVATED 4/27/2011.

1. ON 04/06/2011, COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS PRELIMINARY AFFIRMATIVE DETERMINATION OF CIRCUMVENTION OF THE ANITDUMPING DUTY ORDER ON CERTAIN TISSUE PAPER PRODUCTS FROM THE PEOPLE'S REPUBLIC OF CHINA (PRC)(76 FR 19043).

2. SCOPE OF THE ANITDUMPING DUTY ORDER

THE TISSUE PAPER PRODUCTS SUBJECT TO THIS ANTIDUMPING DUTY ORDER ARE CUT-TO-LENGTH SHEETS OF TISSUE PAPER HAVING A BASIS WEIGHT NOT EXCEEDING 29 GRAMS PER SQUARE METER. TISSUE PAPER PRODUCTS SUBJECT TO THIS ORDER MAY OR MAY NOT BE BLEACHED, DYE-COLORED, SURFACE-COLORED, GLAZED, SURFACE DECORATED OR PRINTED, SEQUINED, CRINKLED, EMBOSSED, AND/OR DIE CUT. THE TISSUE PAPER SUBJECT TO THIS ORDER IS IN THE FORM OF CUT-TO-LENGTH SHEETS OF TISSUE PAPER WITH A WIDTH EQUAL TO OR GREATER THAN ONE-HALF (0.5) INCH. SUBJECT TISSUE PAPER MAY BE FLAT OR FOLDED, AND MAY BE PACKAGED BY BANDING OR WRAPPING WITH PAPER OR FILM, BY PLACING IN PLASTIC OR FILM BAGS, AND/OR BY PLACING IN BOXES FOR DISTRIBUTION AND USE BY THE ULTIMATE CONSUMER. PACKAGES OF TISSUE PAPER SUBJECT TO THIS ORDER MAY CONSIST SOLELY OF TISSUE PAPER OF ONE COLOR AND/OR STYLE, OR MAY CONTAIN MULTIPLE COLORS AND/OR STYLES.

THE MERCHANDISE SUBJECT TO THIS ORDER DOES NOT HAVE SPECIFIC CLASSIFICATION NUMBERS ASSIGNED TO THEM UNDER THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (“HTSUS”). SUBJECT MERCHANDISE MAY BE UNDER ONE OR MORE OF SEVERAL DIFFERENT SUBHEADINGS, INCLUDING: 4802.30; 4802.54; 4802.61; 4802.62; 4802.69; 4804.31.1000; 4804.31.2000; 4804.31.4020; 4804.31.4040; 4804.31.6000; 4804.39; 4805.91.1090; 4805.91.5000; 4805.91.7000; 4806.40; 4808.30; 4808.90; 4811.90; 4823.90; 4820.50.00; 4802.90.00; 4805.91.90; 9505.90.40. THE TARIFF CLASSIFICATIONS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES; HOWEVER, THE WRITTEN DESCRIPTION OF THE SCOPE OF THIS ORDER IS DISPOSITIVE.
EXCLUDED FROM THE SCOPE OF THIS ORDER ARE THE FOLLOWING TISSUE PAPER PRODUCTS: (1) TISSUE PAPER PRODUCTS THAT ARE COATED IN WAX, PARAFFIN, OR POLYMERS, OF A KIND USED IN FLORAL AND FOOD SERVICE APPLICATIONS; (2) TISSUE PAPER PRODUCTS THAT HAVE BEEN PERFORATED, EMBOSSED, OR DIE-CUT TO THE SHAPE OF A TOILET SEAT, I.E., DISPOSABLE SANITARY COVERS FOR TOILET SEATS; (3) TOILET OR FACIAL TISSUE STOCK, TOWEL OR NAPKIN STOCK, PAPER OF A KIND USED FOR HOUSEHOLD OR SANITARY PURPOSES, CELLULOSE WADDING, AND WEBS OF CELLULOSE FIBERS (HTSUS 4803.00.20.00 AND 4803.00.40.00).

3. SCOPE OF THE CIRCUMVENTION INQUIRY

THE PRODUCTS SUBJECT TO THIS CIRCUMVENTION INQUIRY ARE CERTAIN TISSUE PAPER PRODUCTS, AS DESCRIBED IN PARAGRAPH 2 ABOVE, WHICH ARE PRODUCED AND/OR EXPORTED BY MAX FORTUNE (VIETNAM) TISSUE PAPER PRODUCTS COMPANY LIMITED.

4. THE DEPARTMENT HAS PRELIMINARILY DETERMINED THAT ALL ENTRIES OF CERTAIN TISSUE PAPER PRODUCTS PRODUCED IN AND/OR EXPORTED FROM VIETNAM BY MAX FORTUNE (VIETNAM) PAPER PRODUCTS COMPANY LIMITED, THAT ENTERED, OR WERE WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION, ON OR AFTER MARCH 29, 2010, ARE PRODUCED FROM CHINESE-ORIGIN JUMBO ROLLS AND/OR CUT SHEETS AND THUS SUBJECT TO THE ANTIDUMPING DUTY ORDER ON CERTAIN TISSUE PAPER PRODUCTS FROM THE PRC.

5. FOR IMPORTS OF CERTAIN TISSUE PAPER PRODUCTS THAT MEET THE REQUIREMENTS FOR THE MERCHANDISE SUBJECT TO THE ANTIDUMPING DUTY ORDER AS DESCRIBED ABOVE, PRODUCED IN AND/OR EXPORTED FROM VIETNAM BY MAX FORTUNE (VIETNAM) PAPER PRODUCTS COMPANY LIMITED AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER MARCH 29, 2010, CBP SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS. IN ADDITION, CBP SHALL REQUIRE FOR SUCH ENTRIES, A CASH DEPOSIT EQUAL TO THE MARGIN SHOWN BELOW:

PRODUCER: MAX FORTUNE (VIETNAM) PAPER PRODUCTS COMPANY LIMITED
EXPORTER: MAX FORTUNE (VIETNAM) PAPER PRODUCTS COMPANY LIMITED
CASE NUMBER: A-552-804-002
CASH DEPOSIT RATE: 112.64

6. ENTRIES OF CERTAIN TISSUE PAPER PRODUCTS THAT MEET THE REQUIREMENTS FOR THE MERCHANDISE SUBJECT TO THE ANTIDUMPING DUTY ORDER AS DESCRIBED ABOVE, PRODUCED IN AND/OR EXPORTED FROM VIETNAM BY MAX FORTUNE (VIETNAM) PAPER PRODUCTS COMPANY LIMITED, LTD., AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER MARCH 29, 2010, WHICH ARE SET FOR LIQUIDATION NEED TO BE UNSET IMMEDIATELY.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI OR RON TRENTHAM AT THE OFFICE OF AD/CVD OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577, RESPECTIVELY (GENERATED BY O2:BCS).

8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

MICHAEL B. WALSH